Maritime accidents can have a devastating effect on your life. When a person is hurt while on “navigable waters,” their claim is subject to United States maritime and admiralty laws. Whether you were hurt in a recreational accident or as the result of your employment, a personal injury attorney at our firm who understands this unique set of laws could help maximize your chances of success in a civil lawsuit.
A dedicated Brazoria County maritime accident lawyer could help you seek compensation for your injuries. With a consultation of your case, you can learn about your rights and the right way to pursue monetary damages.
Recreational Boating Accidents on Navigable Waters
With its long shoreline along the Gulf of Mexico, many Brazoria County residents and visitors can enjoy the water. Recreational boating is meant to be fun and enjoyable. However, the negligence of other parties can make boating dangerous and cause severe harm in the event of an accident. Recreational boating collisions that take place on navigable waters fall under maritime law rather than personal injury law.
Recreational boating accidents that occur on navigable waters commonly involve the following vessels:
- Speed boats
- Cruise ships
- Paddle boards and surf boards
- Canoes and kayaks
- Fishing vessels
- Jet skis
- Sail boats
Personal watercrafts used for recreation can be dangerous when operated by a negligent party. Both tourists and local residents commonly use these waters, so the potential for a serious injury is high. Maritime law may affect a claim differently than state civil law, so it is advisable to work with an attorney who is familiar with these important differences when preparing to file a lawsuit.
Maritime Boating Accidents
When an industrial or commercial boating accident occurs, maritime laws may apply. Personal injuries to dock workers, deckhands, barge workers, cargo ship workers, crew boat members, and dredge ship workers in Brazoria County may occur while on the job, making these parties eligible for certain benefits under federal maritime law.
Impact of Maritime Law on Brazoria County Cases
The Longshore and Harbor Workers’ Compensation Act (LHWCA)is meant to protect employees on navigable waters and the shores directly adjacent thereto. Navigable waters include the ocean and bodies of water attached to them. This may include bays, rivers, or other waters connected to the Gulf of Mexico and beyond. These cases act more similarly to a workers’ compensation case, but are not subject to state laws. Instead, the LHWCA sets forth its own laws and procedures for how to handle worker injuries.
Another common maritime law is the Jones Act, which lets injured maritime workers file a personal injury claim against their employer or a third party under certain circumstances. Specifically, if the employer or another third party negligently caused a maritime worker to suffer undue harm, the Jones Act will likely apply.
The Jones Act also allows injured maritime workers to recover maintenance and cure (M&C) benefits. These benefits do not require a showing of negligence, so long as the employee was injured in service of a qualifying vessel. It is best to ask a local lawyer about how these laws may apply in a specific maritime injury case.
Contact a Maritime Accident Attorney in Brazoria County
Your maritime case deserves careful attention from knowledgeable legal counsel. These cases are complex and difficult to handle without years of training in this field. You should rely on an attorney experienced with maritime cases like yours.
For help with your case, speak with a Brazoria County maritime accident lawyer right away. Our team is here to help.